Few laws have raised so much controversy on the Internet, as Services Act on the Information Society (LSSI) . Unfortunately, while the opposition promised that he would request his retire or even repeal it when he was in power, the end was enlarged and corrected version of it, called Act to Promote the Information Society (LISI) . If we see the arguments of those who werein opposition in 2002, we see "evolution" thought of those same people, when they now want to adopt almost the same as denied at that time through Second Final Provision of Sustainable Economy Act (LES) , resulting anger and sense of the Internet community, but that's another story. Let's talk about the additional provision of the LISI Sixteenth and says something very interesting for the dissemination of culture like this:
" Sixteenth additional provision .
publicly-owned digital content and making them available to society.
always by its nature does not impair the normal functioning of the Administration, or harm the public interest or general interest, digital or digitized content available to the general government republics, whose intellectual property rights belong to him without restrictions or public domain, shall be placed at the disposaltion of the public in the terms established by law, so no restrictions telematics technology for use in the form of study, copying or redistribution, provided that the works used in accordance with the above mentioned cite the author and distributed under the same terms. "
However, just go to the website of the Ministry of Culture to see his legal notice does not mention this important fact, or worse, the website of the Museo del Prado, which is publicly owned, to verify that its legal distance dand be consistent with this additional provision, shows a proprietary license and restrictive, which should be a clearly incompatible with content that is public and that have been digitized with the money of all the English. In particular, I note that the license reads as follows:
C" Copyright
All portal content, text, graphics, images, its designand intellectual property rights that may correspond to such content as wellas all trademarks, trade names or other distinctive mark owned by the Museo Nacional del Prado or their rightful owners, all rights are reserved for them.
any act is prohibited by total or partial reproduction of the contents in any form or medium (mechanical, electronic, photocopying or otherwise), and any act of distribution, public communication or distribution, without the prior written permission of the MNP or their rightful owners. "
HTMLXC Unfortunately this is not an isolated case, rather it is the general trend that applies to digital content by the English government, which seems not to know of the existence of LISI, with its interesting Sixteenth additional provision and treat each all content they are and have been paid by all, as if they were his exclusive property, with the damage that entails.
But I think this whole issue of access to culture and to refine more precisely the size of the problem we are talking, we must also take into account the content of Article 44of our Constitution and saying something as important as the following:
" Article 44
1. Public authorities promoverány watch over access to culture, to which all are entitled.
2. The public authorities shall promote science and scientific and technical research in the public interest. "
against what the Constitution says and DispoSixteenth Additional composition of LISI, I think it should be clear that the Ministry of Culture should make many more efforts to enforce the additional provision of the LISI Sixteenth which to try to pass the Second Final Provision of the LES. At least these efforts, in addition to being grateful for all citizens by the enormous public good involved in making this content available, would also be much closer to what it says Magna Carta on access to culture, which is the main mission of the Ministry of Culture, or at least I think that is what should ber.
Elaborating on the issue of inconsistencies between what is said and what is done in Spain, it is curious that the website of the Ministry of Culture see this text regarding the outreach of museums:
" The activity that takes place in the broadcast area of the state museum is geared towards the ultimate goal of bring the museum to society. This area will, therefore, all strategies to achieve communication goals, contemplacióny Education & OverhaulI n entrusted to the museum. "
However, I think it is evident from the license displayed in the English institutional pages, which is not complied with the additional provision of the Sixteenth and can LISI nor with Article 44 of the Constitution, which is much more serious, not using the Internet and free licenses such as the EUPL for example, all digital content by Administrations English public.
Moreover, I believe that not only should make available to the societyGive the contents are digitized at this time, it should also be more pro-active and start scanning everything that could be of interest groups, especially in the area culture and science.
I do not doubt that the Internet and free licenses are the best means of cultural dissemination in the world and also we can almost say that the only way to fully comply with guarantees and unrestricted, with the objectives of communication, education contemplacióny entrusted to public museums, so I do not understand why not use dand widespread. Moreover, the Internet and free licenses would also be the best way to make available to the public the contents, which for lack of space, condition, or other reasons, can be physically available to the public in museums. How many pictures are stored in the Museo del Prado that can not be seen by the public?.
Although I fully agree that is not the same, not even close, having a picture that your digital copy, forced to go to a museum determined to exercise its right of access to a work that belongs to all , requires furtherentry level or low level of culture that must be assessed and more when there is a scan of the works. This restrictive approach, both in space and in time, usually involves travel (sometimes from different cities), an entry price and above all, a schedule, a time and in many cases, compliance with a very limited capacity capacity, which greatly restricts the access to culture, so it will be better a scanned copy, you have nothing, especially when there is a scan of it available on a corporate website. And the same can be applied to many other cultural content in the public domain, such as documents, books, regHistria sound, image or video, which for one reason or another and inexplicably given current technology, it remains very difficult to access them.
If we have some tools like the Internet and free licenses, as well as law allows, or rather, they require it, and which reads these digital content "will be placed at the disposal n public "what is the reason that does not comply with the Act and would undermine the culture of access to all of English society, without anyone doing anything about it? .
& amp; quot; Copyleft 2010 Fernando Acero Martín. Verbatim copying, translation and distribution of this article is permitted in Entire Any digital medium, Provided this notice is preserved. Quotation is allowed. "
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